HomeMy WebLinkAboutPublic Works May 7 20131
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WHATCOM COUNTY COUNCIL
Public Works, Health, and Safety Committee
May 7, 2013
CALL TO ORDER
Committee Chair Barbara Brenner called the meeting to order at 1:33 p.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(1:33:42 PM)
Present: Barbara Brenner, Ken Mann and Pete Kremen.
Absent: None.
Also Present: Carl Weimer and Kathy Kershner.
COMMITTEE DISCUSSION
1. DISCUSSION REGARDING WHATCOM COUNTY CODE SECTION 2.27A,
AQUATIC INVASIVE SPECIES (AS AMENDED BY ORDINANCE 2013 -018 ON
APRIL 23, 2013) (AB2013 -145A)
Gary Galliant stated his boat has only been in Lake Whatcom. Right now it's on the
trailer, but his trailer isn't working, so he can't drive it to an inspection. He wants to take
his boat off the trailer and put it back in the water so he can have is trailer repaired.
Brenner stated staff make home inspection visits.
John Westerfield, Yeager's Sporting Goods Manager, stated his customers have
problems with the hours. A bigger problem is Lake Samish. A boat owner on Lake Samish
shouldn't have to go to Lake Whatcom first to get an inspection. Allow inspections at Lake
Samish. Inspection hours should begin early to accommodate fishers who begin fishing at
4:30 or 5:30 a.m.
Brenner stated this item allows for there to be home inspections at Lake Samish.
Bob Harriman, Borderline Bassin' Contenders, stated his organization hosted an
event on opening day. Inspections went well. Boats were inspected in about three minutes
each. They helped staff see how to do an inspection quickly. A question is where the
County funds and City funds go and where the money is held. Right now it's the City, but
he lives in and does things for the County. He doesn't expect to pay money to the City.
Work that out. Another question is whether the County will keep a list of and disclose
findings. Another tournament is coming up on Lake Samish, and he would like to know how
that will be handled. Work with the State on the rules the Department of Fish and Wildlife is
developing. Also, the staff ran out of stickers, and he's waiting for his sticker to be mailed
to him.
Chris Brueske, Public Works Department, stated people have their receipts to show
as evidence until they receive their stickers.
Brenner stated the purpose of the ordinance is for invasive species. There should be
an exemption for boats that don't ever come off the lake. The County subsidizes every form
of recreation in Whatcom County. It's not fair that this should go unsubsidized.
Public Works, Health, and Safety Committee, 5/7/2013, Page 1
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Kremen stated if boats have only been on Lake Whatcom or Lake Samish, and have
never been in any other body of water, it seems pointless to get it inspected. He may be
persuaded to approve a one -time only sticker if they sign some sort of document annually
that says their boat has never left that body of water. There should not be exemptions for
kayaks or other smaller, non - motorized boats. The more portable the watercraft, the more
likely it's been in more bodies of water. They need to give more thought to the program if
they are serious about minimizing the problem.
Kershner stated she is concerned this ordinance isn't ready for Lake Samish, which
creates problems for people who put their boats in at Lake Samish. She's also concerned
about boats that are never removed from the lake. It's not necessary to inspect them.
She's not interested in expanding the program countywide. Instead, provide education to
residents and boat owners countywide. Someday, this program should go away when the
State develops and implements a statewide program of inspection at the state borders. It's
too expensive for every municipality to have a boat program.
Brenner stated the State has a form for boat owners already. Any program that
works will work because of trust. She has no problem charging people from Canada
because that's where invasive plant species have come from. People who live in Whatcom
County have more concern for the county. Anyone who completes the State's paperwork
should receive an exemption. Money should go toward education. The State educates
people to use a special bleach solution to flush their boat systems. That takes care of
invasive species, according to the Department of Fish and Wildlife. When people know how
to do it, they'll do it.
Mann asked if Councilmember Brenner believes they should trust, but verify. Verify
with a few inspections here and there.
Brenner stated there could be random inspections, like the onsite septic system
(OSS) program.
Mann stated the results of the random OSS inspections on people who self- inspected
their systems showed that the accuracy rate was extremely low. There was rampant
misreporting of self- inspections.
Brenner stated she totally disagrees. She specifically asked how many people
misreported and who they were, but no one gave her that information. They can make up
anything they want. She asked why she's supposed to trust, but not verify with staff.
Mann stated it's good to trust, buy verify. They aren't ever considering expanding
the inspection stations at all the other lakes in the County. There may be a need for a
sticker on the other lakes. They won't have patrol boats on all the other lakes all the time.
It would be useful to require a sticker on all the lakes, but not have additional inspection
stations.
Brenner stated she could support a one -time fee for a sticker. Don't require any
more than that for boats just on Lake Whatcom. Everyone else should still work with the
Fish and Wildlife paperwork. Inspections won't necessarily result in finding all invasive
species. They could be hidden in certain parts of the boat.
Mann stated it's not guaranteed to catch every mussel, but it will still provide a level
of education, awareness, and control of obvious infestations. The inspections so far went
smoothly and were well -run. It's not that expensive in terms of the asset they're
protecting. He agrees that boats that never leave Lake Whatcom should be exempted, if it
Public Works, Health, and Safety Committee, 5/7/2013, Page 2
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can be implemented. He's also interested in a graduated fee, based on the complexity of
the watercraft in question.
Brenner stated it was said at the last meeting that the County had to adopt the
program without changes because Bellingham already adopted it. The City represents city
residents. The County represents everyone. The Council should come up with the program
they want, and then move the City toward the County's program.
Kremen stated they need to inject common sense and reality into whatever program
they adopt. For something this complex, it's unrealistic to cover all the bases in two or
three months. The State of Washington is taking this seriously. He hopes the State will
come up with a program that will provide for adequate protection for the state water bodies.
The County should erect prominent signage at all known launching areas in Whatcom
County in the short -term. Give the public the information they need of the importance of
the issue and what they should do to try to minimize the problem. Any boat from outside
the state of Washington should have to be inspected.
Mann asked it it's realistic to expect that the State will have a robust program that
meets Whatcom County's needs.
Kremen stated this doesn't have to be dependent upon the legislature passing a law.
It could be done administratively through the Department of Fish and Wildlife and
Governor's Office. It could be done before the end of the summer, but no later than next
year.
Mann stated that would be great. In the meantime, the County must protect itself.
(2:02:02 PM)
Brenner moved to recommend that the full Council ask staff to prepare an
amendment to allow a one -time charge for boats used exclusively in Whatcom County.
Mann asked how they would implement that and how the County will know if the
boat owner takes the boat off the lake.
Brenner stated she doesn't know, but the County will give them educational
materials at the same time.
Kremen stated they would have to sign some sort of legal document.
Brenner asked what the staff does now with the inspection process. Brueske stated
a boat owner is asked a series of questions about boating habits and there is an inspection
for mussels and weeds. The fee is collected upon completion of inspection, and the boat
owner receives a sticker and is able to go through and launch. When leaving the lake, the
boat owner is given the option of having a trailer tie placed on the boat and trailer as
evidence that the boat isn't launched in another water body. When returning to Lake
Whatcom with an intact trailer tie, the boat can bypass the inspection line to the launch line.
If the trailer tie is clipped for any reason, an annual sticker holder just has to go back
through the inspection line. There is no additional cost.
Brenner stated figure out a method to allow a boat owner to pay one fee, regardless
of how many boats the owner has.
Public Works, Health, and Safety Committee, 5/7/2013, Page 3
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Betsy Brinson stated she and her brother live next to her and own a pair of
runabouts, which hang in her boathouse. She asked who would get the sticker, since they
both drive both boats.
Kremen stated four boats, for example, need four stickers.
Brenner stated the boat owners shouldn't be charged four times if the boats don't
leave the lake.
Mann asked how to monitor whether or not a boat ever leaves the lake if the County
issues a one -time only sticker. He asked how the system stated in the motion would work.
Brenner stated there should be a one -time sticker for the boat that never leaves the
lake.
Joe Boyd stated the Department of Fish and Wildlife has a Discover Pass for parking
that has spaces for two different license plate numbers. A pass can be for more than one
boat. He described the inspection of his boat. It's cursory, but it's about all they can do.
They're doing a good job.
Brenner stated she hasn't received any complaints about the inspections.
Kris Halterman stated a question is what happens when a boat owner has to take the
boat in for maintenance once it's been zip -tied.
Kremen stated they've already paid the annual pass. The boat just has to be
inspected again.
Brueske stated staff developed the current ordinance based on direction from the
Council given at the March 19 surface water work session. At that time, they clearly stated
this is an interim ordinance, that there would be problems with it, and that there were many
things they wanted to improve. As inconvenient as the ordinance is right now, it can be
administered. He asked that anything they decide to change can be administered and
enforced. There isn't enough staff to handle a heavy administrative burden. Based on the
feedback from the Council on March 19, the ordinance directs staff to develop a streamlined
program for County residents by 2015. That was to recognize all the good ideas that came
out of the March 19 meeting, including an online system, self- inspection system, or many
other ideas, would not happen in time for the 2013 boating season. That intention was
always there. The Council requested it and voted on the ordinance, which says the program
will be streamlined.
Brenner stated it includes a streamlined self- inspection. People are going to do it,
and there will be some trust. It's about education. Once people are educated, she trusts
them. There are some amendments they should make right away. A self- inspection
program needs to be done by next year, not 2015. Make sure they get some of this done
now so fees won't be repeated next year.
Mann stated he supports a one -time only fee for folks who never leave Lake
Whatcom, as long as they sign something each year that promises they haven't taken their
boat outside Whatcom County. That's an example of what might happen. Leave it up to
staff to decide how to best implement a one -time only charge for boats that never leave the
lake. Brueske asked if they are talking about boats that physically never leave the lake or
boats that are not used on any other lake.
Public Works, Health, and Safety Committee, 5/7/2013, Page 4
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Brenner stated it should be for boats that are not used on any lake outside Whatcom
County. Brueske stated that will create a problem at the Bloedel launch, which the City
controls, for people who remove their boats during the winter. The boat owner may still
end up paying a fee at the Bloedel launch, plus the one -time fee to the County. The City
won't let them launch with a one year old pass from the County.
City.
Brenner stated don't charge a one -time fee to anyone who already pays it to the
Mann stated he hopes the City will coordinate with the County on this effort.
Kremen stated staff should emphasize commonsense, effectiveness, and education.
Make signage at every launch area in the county a priority. The signs should be succinct,
yet inform the boaters of the problem, make recommendations for prevention, and ask the
boaters to be watchful of infestation.
Brenner stated the signs could include pamphlets.
Brueske asked if Lake Samish is to be included in the language of the motion, that
the boat never be taken off of Lake Samish or Lake Whatcom, or each lake individually.
Kremen stated it ought to apply to any water body in Whatcom County.
Brenner stated she agrees. She restated the motion to recommend that the full
Council ask staff to prepare an amendment to allow a one -time charge for boats used
exclusively in Whatcom County.
Wendy Harris stated make it clear whether the one -time only charge is once per year
or once per lifetime of the boat. She doesn't agree with it, but make sure the language is
clear.
Brenner stated it's one time for the life of the boat. She will add that to the motion.
Westerfield asked about putting an inspector on Lake Samish anytime soon.
Brenner stated they aren't going to have an inspector on Lake Samish this year.
When there is enforcement on Lake Samish, there will be inspections. Westerfield stated
there is enforcement on Lake Samish already. Boaters on Lake Samish have to drive to
Lake Whatcom early in the morning, get it inspected, and drive back to Lake Samish. It's a
waste of gas and time, and is an inconvenience to his customers.
Mann stated the Council approved funding this morning to coordinate a staff person
to go out to homes at Lake Samish. Brueske stated there are no plans for an inspection
station on Lake Samish this year. An additional staff inspector will increase capacity to do
either public inspection events or house calls.
Kremen stated there won't be set hours for inspection at Lake Samish, like there is
at Bloedel Donovan. However, inspectors will go to Lake Samish on a periodic basis, when
necessary. Brueske stated they just received funding for that inspector this morning. They
aren't prepared to do that now. At the last meeting, staff was clear that it wouldn't be
convenient on Lake Samish. If there is risk associated with boats going to Lake Whatcom,
and the boaters have a financial incentive to go to Lake Samish, that risk is transferred to
Lake Samish. That's why it was added to the ordinance.
Public Works, Health, and Safety Committee, 5/7/2013, Page 5
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Brenner stated she has been telling people that there isn't enforcement on Lake
Samish this year. She hopes they don't get in trouble. Brueske stated the Sheriff
understands the focus this year is on education. One would have to be a habitual offender
or have another issue to get a citation right now. It's a new program, and they are pushing
education and awareness.
Kremen stated his goal is to achieve compliance over punishment. The objective is
to implement this as soon as reasonably possible.
Brenner restated the motion to recommend that the full Council ask staff to
prepare an amendment that can be implemented as soon as reasonably possible, to allow a
one -time charge for boats used exclusively in Whatcom County.
The motion carried by the following vote:
Ayes: Brenner, Mann and Kremen (3)
Nays: None (0)
Brenner moved to recommend that the full Council ask staff to prepare an
amendment to create a graduated fee structure, depending on the difficulty of inspection,
for all boats that are not used exclusively in Whatcom County.
Mann stated he supports that.
The motion carried by the following vote:
Ayes: Brenner, Mann and Kremen (3)
Nays: None (0)
Kremen stated signage still needs to be a high priority.
Brenner asked if they've talked about having a hotline, as suggested by Mr. Brinson.
Brueske stated there is a boat inspection hotline now to set up boat inspections. It isn't set
up to accept pictures of infestations.
Craig Magnusson stated what is proposed isn't workable. When they specify all of
Whatcom County, they will lose control over everything. He doesn't want people bringing
milfoil into the lake. He also doesn't want resident boats kept on the lake all year long to be
considered a contaminating boat. The concern is with outsiders who trailer in and out of the
lake. The boats that stay in the lake aren't a concern. Lake Oswego has a permanent
resident sticker, but it wouldn't be for anyone in the entire county. The permanent resident
sticker requires a form and affidavit. It's not a special privilege. They own their waterfront.
They already have that right. This is a public body of water that they already have a right
to use. This is a means to verify information and not require an inspection every time the
boat is used. Recognize the permanent residents compared to opening it up to county
residents.
Also, the current code doesn't work from the standpoint of enforcement. It is written
as a civil infraction, which are strictly authorized under RCW 7.80. They have to grade the
civil infractions. Only so much money can be charged. There is a particular ticket and
procedure. Now, the statute can't be enforced. If the purpose this year is education, that's
great. If the County tries to charge someone $1,000, the County will lose in court. The
program as written is inconsistent with statutory requirements of civil infractions.
Brueske stated the penalty is in section 2.27A.070(A), which the Prosecutor's Office
reviewed.
Public Works, Health, and Safety Committee, 5/7/2013, Page 6
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Kremen stated that is boilerplate language used for many things, and which is rarely
enforced. When enforced, it's usually lowered.
Brenner stated they will check on it. If people are only using their boats in Whatcom
County, it's fair. It's not about people who live right on the lake. Magnusson stated he
agrees with the inspection process. That's different from boats that stay in the lake or
boathouses, and never go in and out the lake.
Wendy Harris stated they have allowed the boat inspection program as an alternative
to prohibiting boats from the lake. They are under a requirement of the total maximum
daily load (TMDL) to clean up the lake. They aren't punishing people. They allow people to
use their boats on the drinking water supply, which is a great privilege. It is upsetting that
people are outraged they have to pay $50 per year to for that privilege. The overwhelming
majority of people in Whatcom County support restrictions on the lake to protect water
quality. The people who are upset about paying a $50 fee are talking to the Council.
Consider the public at large who don't come forward because they're not upset about the
$50 fee. This is a current problem, not a potential problem. They have Asian clams, and
there is no management plan to control and clean them up. Each of those clams excretes
phosphorous and nitrogen into the lake. Protect the lake. Invasive species come in when
there has been a lot of development and shoreline modification. They severely impact lake
health and water quality. They undermine the aquatic habitat. The aquatic life in the lake
cannot survive due to lack of oxygen. Fishermen who are complaining don't understand
that there will be no fish at all in the lake. If anything, be more restrictive.
Chet Dowe stated he hopes folks with connections to the State legislature would
work with the local representatives to see if the State of Washington legislature would
create a statewide program.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 2:55 p.m.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council@�o.whatcom.wa.us
Public Works, Health, and Safety Committee, 5/7/2013, Page 7